| Citation(s) |
|---|
| 2020 SLG 547 2020 SLD 547 2020 PLC 227 |
Peshawar High Court
W.P. No. 7-P of 2018 with Interim Relief (N), C.M. No. 222-P of 2018 (N) and C.O.C. No. 116-P of 2018, decision & hearing Date : 11-12-2018.
MUHAMMAD GHAZANFAR KHAN, JUSTICE SYED ARSHAD ALI, JUSTICE
Rahim Shah, Assistant Advocate General for
Respondents along with Khalid Mateen S.O. E&SE Department.
W.P. No. 7-P of 2018 with Interim Relief (N), C.M. No. 222-P of 2018 (N) and C.O.C. No. 116-P of 2018, decision & hearing Date : 11-12-2018.
MUHAMMAD GHAZANFAR KHAN, JUSTICE SYED ARSHAD ALI, JUSTICE
Rahim Shah, Assistant Advocate General for
Respondents along with Khalid Mateen S.O. E&SE Department.
NAEEMULLAH
VS
CONTROLLING AUTHORITY, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION MALAKAND KHYBER PAKHTUNKHWA AND 2 OTHERS
Law: Khyber Pakhtunkhawa Board of Intermediate and Secondary Education Act, 1990
Section: 15,ChapterXXVIII,Rule,(a)
Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act (V of 1990)--- ----S.15 & Ch. XXVIII, R.1(a)---Assistant Controller of Examination---Promotion---Discretion, exercise of---Requirements---Competent authority appointed respondent as Controller of Examination on deputation---Contention of petitioner employee was that he was entitled for promotion as Controller of Examination whereas authority contended that post in question was to be filled by direct recruitment or on deputation---Validity---Post of Controller was a selection post for a fix term of three years---Authority had discretion either to fill the said post by promoting the employees of Education Board or on deputation---When authority was conferred with the powers to exercise a discretion in any matter then same was to be exercised in a judicious, transparent and impartial manner---Equal opportunity to the employees of Education Board as well as other civil servants in the services of Pakistan/Province was to be afforded for appointment against post in question---Filling the post of Controller of Examination only on Ad hoc/deputation was against R. 1(a) of Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act, 1990---Authorities were directed to consider the petitioner against the post in question according to the criteria as envisaged under Chapter XXVIII of Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act, 1990---Constitutional petition was allowed, in circumstances. Abdul Wahab and another v. Secretary, Government of Balochistan and another 2009 SCMR 1354; Tariq Aziz-ud-Din's case 2010 SCMR 1301; Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257 and M.Q.M. and others v. Province of Sindh and others 2014 CLC 335 ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE:---.---- Through the instant Writ Petition, Naeemullah the petitioner, who is working against the post of Assistant Controller Examinations (Conduct) in the Board of Intermediate and Secondary Education, Malakand has invoked the Constitutional jurisdiction of this Court with the following…
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